Court decisions provide guidelines governing placement under IDEA.
Even after several reauthorizations of IDEA, most recently in 2004, federal law leaves several questions unanswered, including three significant ones:
How far must schools go?
How important is potential academic achievement/social growth in making placement decisions?
What are the rights of the other children?
The following federal court decisions provide school districts with some measure of what is expected of them in determining the appropriate placement for children with disabilities.
Courts will carefully examine the facts in individual cases to determine whether school districts have offered an appropriate placement out of a continuum of placements available for every child with disabilities who is enrolled in the district. Courts will examine IEP team processes to ensure that placements are based on the individual needs of each child.
Court decisions
Court decisions provide guidelines governing placement under IDEA.
Even after several reauthorizations of IDEA, most recently in 2004, federal law leaves several questions unanswered, including three significant ones:
- How far must schools go?
- How important is potential academic achievement/social growth in making placement decisions?
- What are the rights of the other children?
The following federal court decisions provide school districts with some measure of what is expected of them in determining the appropriate placement for children with disabilities.Conclusion
Courts will carefully examine the facts in individual cases to determine whether school districts have offered an appropriate placement out of a continuum of placements available for every child with disabilities who is enrolled in the district. Courts will examine IEP team processes to ensure that placements are based on the individual needs of each child.
http://www.weac.org/Issues_Advocacy/Resource_Pages_On_Issues_one/Special_Education/special_education_inclusion.aspx
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